Madras High CourtCONT P/2732/2024closed

A.W.Ghazzali v. Rep. By Its Shahjahan,

2024-10-18Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.10.2024

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI A.W.Ghazzali ... Petitioner Vs.

Periya Pallivasal Rep.by its Shahjahan, Podakkudi, Thiruvarur-614 103.

... Respondent PRAYER : Petition filed under Section 11 of the Contempt of Courts Act, 1971, to punish the respondent for willful disobedience and violating the order of this Court dated 26.07.2024 made in W.P.No.21271 of 2024. For Petitioner :

Mr.A.Raja Mohammed For Respondent :

Mr.S.J.Mohammed Sathik

O R D E R

This Contempt Petition has been filed to punish the respondent for wilful disobedience of the order of this Court dated 26.07.2024 made in W.P.No.21271 of 2024.

2. The learned counsel appearing for the petitioner submits that this Court, vide order dated 26.07.2024, directed the petitioner to approach the Muthavalli and other Jamathars to conduct the marriage and the same was directed to be recorded by the Muthavalli and to be forwarded to Kazhi for further registration in records. Though the son of the petitioner's brother performed the marriage and the necessary Certificate has also been issued, as of now, the respondent/Muthavalli is refusing to register the marriage and to that extent, this Court may permit the petitioner to make a complaint before the Wakf Board against the respondent and on receipt of the complaint, the Wakf Board may be directed to consider the same.

3. The learned counsel appearing for the respondent submits that the respondent is aged about 73 years and filed an affidavit before this Court for dispensing with his appearance. However, the marriage of the son of the petitioner's brother was registered. If any complaint is made by the petitioner before the Wakf Board, this Court may direct the Wakf Board to provide opportunity to the respondent for demonstrating their case.

4. Since the order of this Court dated 26.07.2024 passed in W.P.No.21217 of 2024 was complied with, this Contempt Petition is closed. However, it is open to the petitioner to work out his remedy before the Wakf Board against the respondent in the manner known to law. 18.10.2024 NCC : Yes / No Index : Yes / No Speaking Order : Yes / No ssb

M.DHANDAPANI, J.

ssb 18.10.2024